Opinion
Motion No. 3386 Motion No. 3676 Motion No. 3872
12-22-2020
Nicholas Wilder, Plaintiff-Appellant, v. Fresenius Medical Care Holdings, Inc, etc., et al., Defendants-Respondents.
Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Lizbeth González, Justices. Index No. 100841/18
Case No. 2020-01455
Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 10, 2020 and August 16, 2019 ,
And plaintiff-appellant having moved to reargue the order of this Court, entered September 17, 2020 (M-962), and for a stay of all proceedings pending the hearing and determination of the appeal taken from the January 10, 2020 order (M-3386),
And defendants-respondents Fresenius Medical Care Holdings, Inc., Avantus Renal Therapy New York, LLC, Marilou Mateo, Judy Ammar, Chenille Apurada and Sarawati Kasti having cross moved to vacate and/or clarify the interim stay issued by a Justice of this Court on October 30, 2020 (M-3676),
And plaintiff-appellant having moved to extend the time to perfect the appeal taken from the order entered January 10, 2020 (M-3872),
Now, upon reading and filing the papers with respect to the motions and cross-motion, and due deliberation having been had thereon,
It is ordered that plaintiff-appellant's motion to reargue the order of this Court, entered September 17, 2020, and for a stay of all proceedings pending the hearing and determination of the appeal taken from the January 10, 2020 order (M-3386), is denied, and
It is further ordered that defendants-respondents' cross motion to vacate the interim stay is granted to the extent that the stay shall be vacated no later than 30 days from the date of this order so as to allow for the transfer of care to another facility (M-3676), and
It is further ordered that plaintiff-appellant's motion seeking an extension of time to perfect the appeal taken from the January 10, 2020 order is denied (M-3872). ENTERED: December 22, 2020
/s/
Susanna Molina Rojas
Clerk of the Court